In this video, we’ll answer the question of whether the public charge rule applies
to non-immigrant visas as well at embassies and consulates worldwide. Stay tuned. We'll
see you on the other side. Hi everybody. My name is Jacob Sapochnicj and I'm an immigration
attorney based in San Diego, California. If you're here for the first time, make sure
to subscribe to our channel. Click that bell to be notified and also make sure to follow
us on Instagram and TikTok for other videos that we do about immigration. In this video,
I wanted to actually answer a question from one of our subscribers that is applying for
a student visa at the US Embassy abroad. And the question is whether the public charge
rule is also applicable to non-immigrant visas like student visas, tourist visas, and other
like fiancé visas, and things like that. So, what the general rule of public charge
is that coming from the State Department, from their regulations, is that it typically
will be applicable to both immigrant and non-immigrant visas. And so we know about immigrant visas
in many videos that we've done before, some of the criteria that they are looking for,
and especially for somebody who is going to get a green card, they must meet those requirements
before they actually are able to get a green card. But when it comes to non-immigrant visas,
for example, in this case, somebody who's applying for a student visa. So essentially,
it will give the consular officer discretion to decide whether that non-immigrant has sufficient
funds and resources to be able to be in the United States and then come back. There is
a new form as well that is being used with public charge but specifically for the State
Department. The form is called DS-5540 and it's a public charge intake form that has
a bunch of questions that consular officers are either going to require the candidates
to complete at the time of the interview, or they can actually ask questions from the
applicant when they are being interviewed. The form has questions that will make the
officer make a determination essentially, whether if that person is going to be a financial
burden while they're visiting the United States. So, they make the person complete the form
or use the form to ask questions to make their decision right there on the spot. So, things
like medical insurance, whether the person is going to get medical insurance, whether
here on their non-immigrant visas, do they have insurance right now, any financial resources
that they're using to be able to come and satisfy the visa that they're applying for,
whether it's, for example, in this case, a student visa So, looking at more financial
documents to show that they have, not only the money to pay for school, but also enough
living expenses to be able to live in the US while they're here as non-immigrant students.
So again, new Form DS-5540, which is a public charge intake form with a lot of questions.
And based on those answers, consular officers will make a determination if that person is
going to be a public charge or not. And again, it does apply for non-immigrant visas so people
need to be aware that when they apply for any kind of visa, they have will be prepared
to show financial stability and whether they are able to financially support themselves
throughout their stay in the US no matter what visa they're coming from. So, just be
aware of that. We'll make a separate video explaining what the DS-5540 is about. In this
video, just want to answer the question of whether the public charge rule will be applicable
to non-immigrant visas. And the answer is yes. According to the State Department guidelines,
they will be using the regulations to make a determination whether somebody who is coming
here on a non-immigrant visa is likely to become a public charge because again, that
rule gave the government a very, very broad discretion to make a decision who is going
to be a public charge, who is able to be in the United States financially. And again,
by using different criteria for that, but in this case, there is a set of guidelines
that are provided to us by that form DS-5540. And it is important to definitely review that
form before applying for any visa, immigrant or non-immigrant at the US Embassy or Consulate
worldwide. So, hopefully, that answers that question. Again, if you have any questions
or comments, post them below. And also feel free to connect with us in the description
in this video we have our email addresses, our website so you can connect with us. Remember
if you're here for the first time, subscribe to our channel and follow us on Instagram
and TikTok. Thanks for watching, and I'll see you in our next video.